Purchase Order Terms

1. Applicability and Precedence

Any purchase order issued by Peralex Electronics (Pty) Ltd (“Peralex”) shall be subject to these Terms and Conditions of Purchase, unless expressly varied in writing and signed by a Director of Peralex. These Terms and Conditions shall at all times take precedence over any terms, conditions, or stipulations contained in the Supplier’s quotation, acknowledgment, invoice, or other documentation, whether incorporated by reference or otherwise, unless expressly agreed to in writing and signed by both the Supplier and a Director of Peralex.

2. Governing Law and Jurisdiction

Any dispute arising out of or in connection with the order shall be governed by and construed in accordance with the laws of the Republic of South Africa. The defaulting party shall be liable for all legal costs incurred by the non-defaulting party on the scale as between attorney and own client. The parties consent to the jurisdiction of the Magistrate’s Court, notwithstanding that the claim may exceed the monetary jurisdiction of that court. Notwithstanding the foregoing, Peralex shall be entitled to approach any other court of competent jurisdiction.

3. Validity and Acceptance of Order

The order shall remain open for acceptance for a period of 5 (five) calendar days from the date of issue. Acceptance must be in writing and signed by a duly authorised representative of the Supplier, whose full name and position must be stated, and delivered to Peralex by email within the said period.
Failing valid acceptance within this period, Peralex may cancel the order without further notice or liability.

4. Time and Delivery

Time is of the essence in respect of all delivery dates specified in the order. Where multiple delivery dates apply, any indulgence, relaxation, or extension granted by Peralex in respect of any delivery date shall not constitute a waiver of Peralex’s rights in respect of any other delivery date or obligation.

5. Notice of Delay

Should any circumstance arise that may reasonably be expected to cause a delay in delivery or performance, the Supplier shall notify Peralex immediately in writing, providing full details of the cause and anticipated duration of the delay.

6. Anticipated Non-Performance

If at any time prior to delivery it reasonably appears to Peralex that the Supplier will not be able to meet the agreed delivery date(s) or otherwise perform in accordance with the order, Peralex shall be entitled, without prejudice to any other rights, to cancel the order in whole or in part by written notice to the Supplier.

7. Cancellation

Without limiting the foregoing, Peralex reserves the right to cancel the order at any time prior to acceptance, or thereafter in the event of the Supplier’s failure to comply strictly with these Terms and Conditions.

8. Variations, Waivers, and Indulgences

No variation, amendment, waiver, or indulgence shall be of any force or effect unless reduced to writing and signed by a Director of Peralex. No failure or delay by Peralex in exercising any right shall constitute a waiver thereof.